9911796707
TMI Blog1989 (7) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax is seeking a direction that the Tribunal should refer the following two questions of law arising from its order For the assessment year 1979-80 : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the provisions of section 64(1)(vi) were not applicable to the case of the assessee ? 2. Whether, on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent had, along with her husband, created a trust named U. B. Enterprises Trust. The beneficiaries of the trust were their daughter-in-law and her children. Income arose to the said trust and by applying the provisions of section 64(1)(vi), the said income was clubbed in the hands of the respondent and her husband. Being aggrieved, the, respondent filed an appeal to the Appellate Assistant Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transfer of property to a trust for the benefit of the daughter-in-law and the grand children of the assessee did not attract the said provisions. In coming to this conclusion, the Tribunal took note of the fact that with effect from April 1, 1985, clause (viii) was inserted which made it clear that any such transfer to an association of persons or any person for the benefit of daughter-in-la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndirectly" is important. Would it contemplate the creation of a trust by an assessee for the benefit of grandchildren is to our mind a question which requires the interpretation of section 64(1)(vi). In our opinion, the following questions of law arise and the Income-tax Appellate Tribunal is directed to refer and state the same to this court : " 1. Whether, on the facts and in the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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